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Home > News > Compensation for client whose surgery was delayed

10th May 2010

Compensation for client whose surgery was delayed

We represented this client when two NHS Trusts were negligent in carrying out their administrative procedures when dealing with the transfer of his case from one to the other.

Our client had been scheduled for hip replacement surgery and because of his severe and deteriorating condition, the first Trust had decided that, as part of the waiting list initiatives, his surgery should be carried out on an urgent basis. However, they failed to provide adequate information and records relating to the need for urgency.

Administrative errors result in non-urgent surgery status

During the transfer of information, the urgent nature of his condition was only recorded on an electronically generated list of several patients being transferred. No such advice was recorded in the actual records of the patient and the second Trust failed to notice the reference on the list. They scheduled our client’s surgery as standard non-urgent. Despite our client voicing his concerns, and advising them of his worsening symptoms, the surgery did not take place for several months.

Delay led to more complex surgery

During the waiting period, our client suffered a fracture to his pelvis, which resulted in the surgery being more extensive and complex than would have originally been required. This has also meant that the lifespan of the hip replacement has been significantly reduced.

Medical negligence compensation awarded

Our specialist medical negligence solicitor brought this claim for compensation against both the Trusts and secured several thousand pounds in compensation for our client’s prolonged suffering and the reduced lifespan for his hip replacement surgery.

The first Defendant was not willing straight away to admit their fault in the matter. However, when they were asked to produce documents that related to the transfer of the patient, they had no choice but to enter into negotiations, as the documents made it clear that transfer information had been insufficient.

Compensation claim for medical negligence

Have you or a member of your family suffered as a result of medical negligence? For more information about our service or for advice about whether we can assist you with a medical negligence compensation claim, contact us now on 0800 783 9019. Or complete one of our online compensation claim forms and a representatives will contact you as soon as possible.

Please go to our Costs and Risks section for more detailed information on these and how Clear Answers will handle your claim and funding.

Alternative funding arrangements may apply in Northern Ireland due to differing procedures and Law Society regulations.

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